Padnnalal Paswan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12484 of 2016 ====================================================== 1.

Padnnalal Paswan S/o Late Misri Paswan resident of Village- Madhubani , Paswan Tola , Ward No. 11, P.S. - K. Hat, District-Purnia 2.

Vishwanath Sharma S/o Nageshwar Sharma resident of village- Madhubani, Kali Asthan, Ward No. 11, P.S.- K.Hat, District-Purnia 3.

Ajay Sharma S/o Saryug Sharma resident of village- Madhubani, Misri Tola, Ward no. 11, P.S.- K. Hat district- Purnia 4.

Md. Kabiruddin S/o Md. Kashimuddin resident of village- Madhubani, Ward No. 11, P.S.- K.Hat, District-Purnia 5.

Tabrez Alam S/o Sagir Ahmad resident of village- Madhubani, Ward No. 11, P.S.- K.Hat, District-Purnia 6.

Sarfaraz S/o Sagir Ahmad resident of village- Madhubani, Ward No. 11, P.S.- K.Hat, District-Purnia 7.

Juber Alam S/o Late Md. Khalil resident of Village-Madhubani Chand Parora, Ward No. 11, P.S.- K.Hat, District- Purnia 8.

Md. Chand S/o Tahir Ansari resident of Village- Madhubani. Sipahi Tola, Ward no. 11, P.S. K.Hat, District- Purnia 9.

Races S/o Late Habib resident of village- Madhubani, resident of village -Madhubani , Sabutar Ward No. 11, P.S.- K.Hat, District-Purnia 10.

Sadre Alam S/o Late Habib resident of Village- Madhubani, Sabutar, Ward no, 11, P.S.- K.Hat, District-Purnia ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 3.

The Divisional Commissioner, Purnia Division, Purnia 4.

The Collector, District - Purnia 5.

Additional Collector, Purnia 6.

The Deputy Collector, Land Reforms, Sadar Purnia, District- Purnia 7.

The Anchal Adhikari, K. Nagar, District-Purnia 8.

Khas Mahal Oficer, District- Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Jha, Advocate For the Respondent/s :

Mr. Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2025 Heard the parties.

Patna High Court CWJC No.12484 of 2016(2) dt.22-07-2025 2/3

2. The present petition has been preferred for the grant of following relief(s):

"(i) For directing the respondent authorities to settle on lease the respective portion of Khas Mahal lands upon which the petitioners are running their shops for more than two decades in view of the New Bihar Khas Mahal Policy, 2011.

(ii) For holding decision dated 26.02.2016 arrived at by the Collector, Purnia in different cases, wherein he has been pleased to drop the proceedings, by which the proposal to arrive at a fresh lease in favour of the petitioners was recommended by the Khas Mahal Officer, Purnia.

(iii) For restraining the respondents from dispossessing/evicting the petitioners from their respective shops over the land in question where they are running their business for last two decades.

(iv) For any other relief or reliefs for which the petitioner is found entitled to in the

Patna High Court CWJC No.12484 of 2016(2) dt.22-07-2025 3/3 facts and circumstances of the case."

3. Learned counsel for the petitioners submit that they were running the shops for long and now shall be bereft of their job thus affecting the family.

4. Learned State counsel submits that the petitioners cannot claim for a particular piece of land/shop though if appropriate petition is preferred, the same may be considered.

5. Though this Court is in agreement with the submission of the learned State counsel, considering the limited prayer that the respondent no.4, the Collector, Purnea may give them hearing on their grievance, the writ petitions stands disposed of allowing them to represent separately before the Collector, Purnea.

6. In case, such petition is preferred, after hearing all the parties, the Collector, Purnea shall see to it and the matter is taken to its logical conclusion at an earliest.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U